RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070009163 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. John Meixell

Chairperson

Ms. Jeanette McCants

Member

Mr. Scott Faught

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show a second award of the Purple Heart (in effect, a Purple Heart with Oak Leaf Cluster).

2.  The applicant states, in effect, that he received his second award of the Purple Heart during the battle of "Tuyttoa" Airbase.  His award is not documented on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214 and a Standard Form 180 (Request Pertaining to Military Records).  The Standard Form 180 contains an entry that requests replacement medals and certificates documented in the applicant's records.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records show that he was inducted and entered active duty on 5 October 1966.  He completed all the necessary training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on
4 October 1968 after serving 2 years of active service.

3.  He served a tour with Company D, 2nd Battalion, 8th Cavalry, 1st Cavalry Division in the Republic of Vietnam during the period 10 April 1967 to 21 March 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, 1 Overseas Service Bar, Air Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Purple Heart, and Combat Infantryman Badge.  However, it does not show the Purple Heart with Oak Leaf Cluster.

5.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 2379 dated 14 May 1967 shows that the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 9 May 1967.

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 2169 dated 11 April 1968 shows that the applicant was awarded a second Purple Heart for wounds received in connection with military operations against a hostile force on 26 September 1968 [sic] (should be 26 September 1967).

7.  Army Regulation 600-8-22 states, in pertinent part, that an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart. 

8.  A review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.

9.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number  
593 dated 28 January 1968 shows that the applicant was awarded the Army Commendation Medal for meritorious service in conjunction with military operations against a hostile force in the Republic of Vietnam during the period March 1967 to March 1968.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that Company D, 2nd Battalion, 
8th Cavalry, 1st Cavalry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 59, dated 1969.

11.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in 
the Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967); Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968); and the Tet Counteroffensive (30 January 1968 to 1 April 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Medal sets for approved awards can be requested through the Defense Supply Center Philadelphia, 700 Robbins Avenue, Post Office Box 57997, Philadelphia, PA 19111-7997.  The ABCMR does not provide replacement certificates or medals.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Purple Heart with Oak Leaf Cluster.

2.  Orders show that the applicant was awarded a second Purple Heart for wounds received in connection with military operations against a hostile force on 26 September 1967.  Therefore, the applicant is entitled to correction of his records to show the Purple Heart with Oak Leaf Cluster.

3.  Orders show that the applicant was awarded the Army Commendation Medal. Therefore, the applicant is entitled to corrections of his records to show this award.

4.  Evidence shows the applicant is entitled to the award Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

5.  Evidence shows that the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

__JM ___  __JM____  __SF ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart with Oak Leaf Cluster for wounds the applicant sustained in the Republic of Vietnam on 9 May 1967 and 26 September 1967, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal.




	_______John Meixell________
          		CHAIRPERSON




INDEX

CASE ID
AR20070009163
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071129
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.